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HomeMy WebLinkAbout08/22/1985CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 22nd, 1985, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton and Humphrey; City Administrator Asleson and City Clerk Mueller. ABSENT: Councilmember Savanick. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconced by Goodwin, approving the agenda for to- APPROVE AGENDA night's meeting as amended. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving all items on the con- sent agenda except a beer license for Soccer Sixes which request was caficelled. Ayes- 4 - Nays - 0. CONSENT AGENDA NOTICE OF MTC HEARING ZOO TEMPORARY BEER LICENSE PARTY PERMIT JOHN HILGERS FIRE RELIEF GAMBLING LIC. RES. 1985-153 TRACTOR/BACKHOE SPECS. & BIDS CARROLLWOOD 6TH APARTMENT LANDSCAPE PLAN CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, receiving notice of the Metro- politan Transit Commission's public hearing on September 18, 1985, to consider discontinuance of Route 39, Apple Valley to Control Data and the Airport. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a temporary on-sale 3.2 beer license for the Minnesota Zoological Garden Board at 12101 Johnny Cake Ridge Road on September 7 or 14, 1985. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, granting a party permit under City Code Section 14.5-3(g)(1) for John Nilgers, OPEN PR0 Sperry League Softball Team, at Alimagnet Park on September 7, 1985. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting notice that the Apple Valley Firefighters Relief Association has applied for a gamb- ling license from the Minnesota Charitable Gambling Control Board for its Booya Day on September 21, 1985. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 153 approving specifications for a tractor, backhoe, front loader and cab and authorizing advertisement for bids to be received at 2:00 p.m. on September 25, 1985. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving the landscape plan for the 51-unit apartment building on Lot 1, Block 1, Carrollwood Village 6th Addition, as recommended by the Planning Commission on the plan dated June 15, 1985. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Page 2 MOTION: of Holton, seconded by Goodwin, authorizing reduction in the amount of the financial guarantee for Pilot Knob Estates nth Addition of from $63,850.00 to $30,000.00. Ayes - 4 - Nays - 0. BOND REDUCTION PILOT KNOB 4TH PARTTIME PER- SONNEL CHANGE AUG. 8, 1985 MINUTES AUDIENCE DISCN. 4TH OF JULY THANK YOU MOTION: of Holton, seconded by Goodwin, approving promoting Kathy Bower to the position of parttime Program Supervisor effective August 5, 1985, at a salary of $5.75 per hour. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Humphrey, approving the minutes of the regular meeting of August 8th, 1985, as corrected on page 5. Ayes - 3 - Nays - 0 (Goodwin Abstained). Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. Jerry Zierdt, Chairman of the 4th of July Committee, was present to thank the City for its help during this year's celebration and he pre- sented a certificate of appreciation to the Mayor. Mayor Branning called the public hearing to order at 8:07 p.m. on the PUBLIC HEARING application of Apple Woods Partnership for $2,300,000 of 462C bond fin- APPLE WOODS ancing and noted receipt of the affidavit of publication of the hearing 462C FINANCING notice. Mr. Asleson reviewed the project which is a 51-unit apartment building in Carrollwood Village 6th Addition. The developer was present and showed a rendering of hhe building and said they intend to start construction in 60 days. The Mayor asked for questions or comments. There were none and the hearing was closed at 8:10 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 154 approving the program for issuance of up to $2,300,000 of 462C Multifamily Housing Revenue Bonds for Apple Woods Partner- ship and authorizing its submission to the Minnesota Housing Finance Agency. RES. 1985-154 APPROVE APPLE WOODS 462C FINANCING Councilmember Goodwin said several of these projects have been approved, but none have proceeded and asked why? Tom Maple, of Miller & Schroeder, was present and said the major reason is the bond market has not been attractive enough until just recently and he believes these projects will proceed now. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Asleson described the documents to be considered on the Apple APPLE VALLEY Valley Commons project and reviewed them with the Council. The land- COMMONS scape plan has now been submitted and he presented it to the Council. Mayor Branning asked if the pond is large enough for the development? Keith Gordon said it is sized to accommodate this development and, as other lots de- velop, they will have to have their own ponds. He was advised by AV Development's CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Page 3 engineer that this was their intent. Bob Substad, of AV Development, said he be- lieves the pond is oversized to accommodate another lot. Their overall plan showed two ponds, another one southeast of this one. Mayor Branning said he would encour- age a parklike development with one pond and asked that this be reviewed with the next phase of development. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1985- 155 accepting the appraisal for the Apple Valley Commons property and approving the "Construction Plans" and authorizing payment of $715,000 to AV Development pursuant to the agreement dated June 10, 1985. Ayes - 4 - Nays - 0. RES. 1985-155 AV COMMONS CONST. PLANS RES. 1985-156 COMMONS IDB ISSUANCE MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 156 authorizing the issuance and sale of the City's $3,900,000 Industrial Development Revenue Bond for the AV Development Company Project. Ayes - 4 - Nays - 0. The Council received a letter from Mary Lou Olsovsky, of 13508 Fordham 0LSOVSKY LETTER Avenue, concerning possible residential damage by Fischer gravel opera- ON FISCHER tions. Mr. Gretz said Mr. Fischer had an independent testing agency take OPERATIONS readings of vibrations and he distributed copies of the report of GME Consultants dated August 21, 1985, to the Council. Mrs. Olsovsky said the readings were taken in her house yesterday and are within permissible levels so her concern about damage is alleviated for the present time. John Shardlow, land planning architect for Fischer, said he has been pre- FISCHER GRADING paring the grading plan required by the July I1, 1985, agreement. As PLANS part of his review of the area, he looked at the pathway in Greenleaf Park and believes it is in the wrong location and elevation in relation to the existing homes. Since grading and restoration of the area is required, he met with the neighbors and proposed grading up to the lot lines, relocating the pathway farther east and lowering its elevation. He showed preliminary grading plans of the ex- isting and proposed pathway and said trees in the northern part of the park would be retained. He also showed section drawings of each lot with the amount of grad- ing, location of the pathway and screening proposed. Bill Lahti questioned the elevation of the new lots shown on the plan and said he was told they would be about 30 feet lower than his. Mr. Shardlow said the draw- ings are not complete and he does not have those elevations yet. Mr. Lahti said there would be no problem if the trees in the park had not been removed in the first place. He had no problem with Fischer mining his own land, but not in the park. Mrs. O'Neill, 13532 Fordham Avenue, said she does not want any grading done on her property and wants to maintain the existing trees. Marilyn Cory, 13707 Fordham Avenue, said the land is City park and Fischer has no right to remove any trees. She understood he was allowed to mine up to the fence, but that has now been moved. Carol Lahti said she is concerned about the trees west of the pathway by the play- ground equipment and wants them retained. She understood, from Mr. Shardlow's description, that trees and shrubs would be planted along the slope of the pathway CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Page 4 and if so, the residents would not be able to see them. She would like to be able to see the landscaping and is opposed to any grading that would look unnatural. David Halvorson, 13642 Fordham Avenue, asked who will be providing the trees and shrubs for landscaping? Math Fischer told him he will not be providing any trees. Mr. Shardlow said he is not sure. His job is to prepare a plan and he cannot say what Mr. Fischer is willing to commit to. Bonnie Buck, 13570 Fordham Avenue, said she asked Mr. Fischer if he would be taking down trees behind her house and he said he might take some trees; is he or not? Mr. Shardlow said if grading is done up to the property line, some trees might be damaged and removed. Jerry Duffy said the overlay of the grading plan shows no grading behind the three northern houses. If the Council accepts this plan, no trees would be removed in that area. Bill Lahti said other plans for the area were agreed to and Mr. Fischer did not follow those plans. What guarantee is there these trees will not be taken? Mrs. Johnston, 13606 Pordham Avenue, asked for an explanation of the proposed grade behind her house. Mr. Shardlow said it would be about four to one slope for a distance of 60 feet. Mr. Sheldon said the agreement calls for a landacape plan to be prepared and for Fischer to implement it. Mr. Duffy agreed and said they want to develop lots when the area is restored and want them to be as valuable as possible. Mr. Shardlow said he did not intend for this to be a landscape plan yet, but are only sketches. Mr. Duffy said there is going to be landscaping, but they have not committed to what yet. It will also depend on the dedication required when they develop the property. Mr. Asleson asked what trees in the park will be removed? Mr. Shardlow said he does not have a base map yet that even shows the trees. When it is prepared, the trees can be marked and those marked will be retained. Mrs. O'Neill said the dis- cussion about trees to be saved means some will be removed and they should be saved. Mr. Halvorson said he understood grading would be completed by the middle of October. Does this mean they will come back next year and do more landscaping? Mr. Sheldon said the discussion refers to the existing park, not the fufure park to the east. The area west of the property line will be done in October of 1985 and the future park on the Fischer property by October of 1986. Mrs. Olsovsky asked where Fischer has the right to grade? Mayor Branning said as of now, he can only go up to the existing pathway. If the grading plan is ap- proved, he could go farther west. Mrs. Olsovsky asked what happened at Thursday's meeting? Mr. Asleson said Mr. Shardlow presented the plan and said he believed the park would be improved by additional grading and that is being discussed now. Mr. Lahti said the path is along his backyard, but is farther away from the lot lines as it goes north. The trees to be saved are on the west side of it; how- ever, he would agree to moving the path farther east at his lot. Councilmember Holton asked if any residents want grading done on their property? Mrs. Miller and Mrs. Johnston said they are considering having it done. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Page 5 Mrs. Buck said she does not want any more trees in the park removed. Mr. Shardlow said he believes some reasonable contouring of the back lots can be done while re- taining some trees. Mayor Branning said if the grading plans are not finalized, the Council cannot ap- prove them now. Mr. Shardlow said if the concept is acceptable, he can work toward it in completing the plan. Mr. Gurban said he has not reviewed it yet, but believes it is similar to the plans done by Westwood Engineering. If the residents are sat- isfied with the plan, it could be agreed to in principal but he wants to review the plans yet. Mr. Sheldon said Mr. Shardlow is asking for general approval of the grading subject to further staff review and, in general, is what would be recom- mended for Council consideration. MOTION: of Humphrey, seconded by Holton, accepting the grading plan as presented by John Shardlow, in principal, subject to City Staff review and the understanding that changes in the grading plan would be made as amendments to the July 11, 1985, agreement. ACCEPT FISCHER GRADING PLAN CONCEPT The Council discussed where the grading would be done and it was noted that this is not a landscape plan. The grading plan shows no grading to be done behind the three farthest north lots. Councilmember Humphrey said any grading the residents want done on their property is a separate issue and can be brought before the Council separately. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Gretz reviewed his memo dated August 19, 1985, concerning an excavat- MEGA, INCo lng permit requested by MEGA, Inc., at Eaton Mobile Home Park. The EXCAVATING grading plan submitted shows an additional 14 mobile home lots which EATON PARK could only be approved by a conditional use permit following a public hearing and Planning Commission and Council consideration. Because the proposed regrading would serve no purpose at this time and a landfill is not a permitted use in the M-4 zone, he would recommend it not be granted. David Pieper was present and said two different companies are involved. He is one of the owners of Eaton Mobile Home Park. Because he was only notified of this meeting today, he does not have his legal counsel present. He is not requesting an excavating permit, but wants to fill the area and expand the mobile home park, install a fire protection system and relocate some lots from the north end of the park. He has not prepared a landscaping plan yet. Mr. Gretz said Mr. Pieper told him he wanted the grading plan considered as soon as possible. He had tried to contact him since August 16, 1985, but did not reach him until today. Mayor Branning asked if Mr. Pieper is representing MEGA, Inc.? Mr. Pieper said no, Eaton Mobile Home Park. The Mayor asked if he is requesting an excavating permit. Mr. Pieper said no, he is requesting expansion of the park. The Mayor asked if he has anything to do with MEGA, Inc.? Mr. Pieper said no, it is his brother Mark's company and he had nothing to do with landfilling the area. The Mayor said if the intent is to expand the park, the request must go through the Planning Commission procedures. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Page 6 Mayor Branning asked if Mr. Pieper is not involved with MEGA, Inc., how he allowed landfilling in the mobile home park? Mr. Pieper said during the Cedar Avenue con- demnation proceedings, the opinion contained the statement that the area could be filled and expanded to make up for the land taken for the road. The Mayor asked if he is going to require MEGA, Inc., to remove the material dumped? Mr. Pieper said not at this time. Residents of the Heritage Hills area were present and said they are concerned that hazardous materials may have been dumped there including transformers with PCB's. Jerry Otto asked when the conditional use permit for the existing park comes up for review and what can be done if they are illegally expanding the park? Mr. Asleson said specific concerns should be submitted in writing and as the annual mobile home park permit is reviewed they can be considered. Mr. Sheldon said when all the facts are known, the PCA, County and City will probably agree on the best course of action and there is no action for the City to take now as long as the dumping has stopped. Mr. Gretz reviewed the Planning Commission report dated August 22, 1985, concern- ing a building permit for a Rainbow Food Store and Apple Valley Square Mall expansion. Craig Minea, the developer, was present and reviewed the plans. He had applied for Industrial Development Bond financing, but because of changes in the law it will not be able to be used. He will be proceeding with private financing. He also noted he will be replatting the property, for tax assessment purposes, so each building will become a separate lot (three lots). Councilmember Holton asked if a right turn lane should be installed on County Road 42 at the shopping center entrance? Mr. Minea said he had asked for the lane when the road was upgraded, but the County did not include it. Mayor Branning suggested the lane should be requested along with the proposed 1987 upgrading by the Countyl, MOTION: of Holton, seconded by Humphrey, authorizing issuance of a building permit for a Rainbow Food Store and Apple Valley Square Mall expansion with detailed site and landscape plans submitted for review prior to occupancy as recommended by the Planning Commission. Ayes - 4 - Nays - O. BLDG. PERMIT RAINBOW FOODS/ A.V. SQUARE Mr. Minea said he plans to start construction by November 1st with opening by August 1, 1986. He will be submitting a request for a larger leasing and construc- tion sign than permitted by the City Code for consideration. (Councilmember Holton left the room at this time.) Mr. Gretz reviewed the Planning Commission report dated August 22, 1985, concern- ing a preliminary plat for 24 single family lots proposed by Derrick Land Company. The property is located north of Trunk Highway 77 and west of Flagstaff Avenue. They are attempting to acquire property to the east and two alternates are shown on the preliminary plat. If the property is acquired, Florida Court would be a connecting street; if not, it would end in a cul de sac. MOTION: of Goodwin, seconded by Humphrey, approving the preliminary plat of the Matchett/Derrick property in Section 15 with allow- ance for continuation of Florida Court as a connecting street, PRELIM. PLAT MATCHETT/ DERRICK PROPERTY CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Page 7 at the option of the developer, as recommended by the Planning Commission and directing City Staff to prepare a development agreement for consideration. Ayes - 3 - Nays - 0. (Councilmember Holton returned to the room at this time.) MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1985- 157 receiving the preliminary engineering report for Project 85-239, public improvements for Nordic Woods 9th and Forest Village Additions, and setting a public hearing on it at 8:00 p.m. on September 26, 1985. Ayes - 4 - Nays - 0. RES. 1985-157 SET HEARING PROJ. 85-239 BLDG. PERMIT VET. CLINIC MOTION: of Goodwin, seconded by Holton, authorizing issuance of a build- ing permit for a veterinary clinic on Lot 6, Block 2, Valley Commercial Park 2nd Addition, as recommended by the Planning Commission. Mayor Branning asked if the building will have kennel facilities. The petitioner was present and said it will have interior kennels. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a build- ing permit for a Super Lock mini-storage facility and fence on Lots 1, 2, 3, 6, 7 and 8, Block 4, Valley Commercial Park 2nd Addition, subject to no tree plantings in the boulevard area, as recommended by the Planning Commission. BLDG. PERMIT SUPER LOCK MINI-STORAGE FACILITY Phil Smith, the petitioner, was present and described the facility and security system. He also commented on storage needs the facility will satisfy for commercial as well as residential customers. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a build- ing permit for Northrup Mechanical office/storage facility on Lot 3, Block 3, Valley Commercial Park 2nd Addition, with a man- sard roof and landscaping to be approved by Staff as recommended by the Planning Commission. Ayes - 4 - Nays - 0. BLDG. PERMIT NORTHRUP MECH. RES. 1985-158 AWARD CONTRACT PROJ. 84-8 SET SPECIAL MEETING MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 158 awarding the contract for Project 84-8, Lac Lavon Shores Improvements, to Encon Utilities, the low bidder, in the amount of $204,000.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, setting a special meeting at 8:00 p.m. on August 29, 1985, to review and adopt 1985 special assessment rolls and set a hearing on them and consider final approval of the Lemieux apartment financing. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1985 Page 8 Mr. Asleson noted the claims and bills to be approved includes a check for $81,391.91 as the City's deposit for IDB entitlement. If the entitlement is cancelled by October 31, 1985, the full amount would be refunded to the City. Because Apple Valley Square is not using the financing, part of the funds are uncommitted. Councilmemher Holton said he would like to return part of the en- titlement to the City of Becker if they are not used. Mayor Branning said he understands they do not have a specific use for the funds at this time and would like them available in case an eligible project applies in Apple Valley. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and hills, checks numbered 44340 through 44437 and 44447 through 44599, in the total amount of $4,577,558.81. Ayes - 4 - Nays - 0. CLAIMS & BILLS HOLD CLOSED ATTORNEY/ CLIENT MEETING MOTION: of Humphrey, seconded by Goodwin, to close the meeting to the public under the attorney/client exception to the open meeting law for the purpose of discussing a discrimination charge brought against the City by a former employee, Mildred Pollard. Ayes - 4 - Nays - O. The meeting was closed to the public at 10:57 p.m. Those in attendance were Mayor Branning; Councilmembers Goodwin, Holton and Humphrey; Richard Asleson, Mary Mueller and the City's legal counsel Jim Sheldon and Judy Langevin. Mr. Sheldon noted no official action could be taken during the closed meeting and the only item to be discussed is the pending litigation. The attorney/client privilege can only be maintained if the subject is not discussed outside of this meeting. MOTION: of Holton, seconded by Goodwin, to open the meeting and recon- vene the Council's regular meeting. Ayes - 4 - Nays - 0. RECONVENE MEETING The meeting was reconvened and opened to the public at 11:34 p.m. No one was pre- sent other than those who had been in attendance during the closed meeting. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- RES. 1985-159 159 authorizing settlement of Case No. E13265-CGR/RPl-lS in the POLLARD MATTER matter of Mildred M. Pollard, in accordance with the City Attor- SETTLEMENT neys' recommendation and authorizes execution of required documents hy the City Attorneys and disbursement of funds in the amount of $800.00. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:37 o'clock p.m.